Act No. 52 / 1947 Coll.
The Act amending certain provisions of the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, and on the withdrawal of military rank and transfer to service by administrative procedure, as amended by the Act of 8 April 1927, No 55 Coll., and of the Act of 4 April 1935, No 64 Coll.
Valid
Effective from 14.05.1947
52.
Law
of 19 March 1947
amending certain provisions of the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, and on the withdrawal of military rank and transfer to service by administrative management, as amended by the Act of 8 April 1927, No 55 Coll., and of the Act of 4 April 1935, No 64 Coll.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Act of 4 July 1923, No 154 Coll., on military discipline and disciplinary law, as well as on the withdrawal of military rank and transfer to service by administrative management, as amended by the Act of 8 April 1927, No 55 Coll., and the Act of 4 April 1935, No 64 Coll., is amended as follows:
1. in § 4, paragraph 4, first sentence, "500 CZK" is replaced by "5000 CZK."
2. In Paragraph 4, the following two paragraphs are inserted after paragraph 7:
"(8) For acts and omissions referred to in Paragraph 2 (b), for which the relevant provisions provide for a sentence of freedom whose upper limit of the rate exceeds 30 days, or for a cash penalty of which the upper limit of the rate exceeds 5000 CZK, or other penalties, shall be permitted as disciplinary penalties or free penalty, or both according to the criminal rates laid down in the relevant provisions, as well as other penalties referred to therein. The provisions of these provisions on the measurement of the replacement sentence at liberty in the event of a lack of cash penalty apply mutatis mutandis.
(9) The sentence imposed under the preceding paragraph shall be executed in the prison of the competent court of the first storehouse, if possible separately from the prisoners serving the sentences imposed by the courts. ';
3. In Paragraph 5, the following paragraph is inserted after paragraph 3:
"(4) In the cases referred to in § 4, paragraph 8, of the area commander, the military disciplinary authority shall be exercised and, if the accused is not subject to the area commander, the Minister for National Defence. '
4.
(4) The decision on the complaint may be complained against again within three days, unless the officer's complaint is decided by the commander of the corps, by the expert outside the service class, by the master of the division and by the other military persons, by the commander of the military body (a unit assimilated to him). If the officer's sentence has been imposed by the master of the corps, the gaylord outside the service classes by the master of the division, in other cases, by the commander of the military body (a unit assimilated to him), or if the chief who imposed the sentence to those commanders, the complaint shall be decided definitively by the direct representative of the commander who imposed the sentence.
5. In Paragraph 7, the following paragraph is inserted after paragraph 7:
"(8) In the cases referred to in Paragraph 4, paragraph 8, the admissibility of a complaint to the Supreme Administrative Court and the authorisation of the suspensive effect of such a complaint shall be subject to the relevant rules. ';
(6) Paragraph 13, paragraphs 1, 2 and 5 shall read as follows:
(1) The first stool tables are:
(a) the disciplinary committee for the generals;
(b) disciplinary committees for senior officers; and
(c) disciplinary committees for junior officers and Rotmasters (gayists outside the service classes).
The Tribunals Committee for Generals is hereby established with the Ministry of National Defence. The Minister of National Defence shall determine at which headquarters the senior officers' and junior officers' and rootmasters' disciplinary committees shall be set up.
(2) The chairmanship committees of the I. stools consist of a permanent chairman and four members. The Chairman shall be appointed by the Commander at whose headquarters a disciplinary committee is set up, of the arms generals and, where appropriate, of the officers of the lower rank of arms, if they are the commander of at least an army body (a unit that is equal to him); the members shall, in each case, be designated by the headquarters in which the disciplinary committee is set up from the competent military gentiles of its district and, as far as possible, from the seat of the disciplinary committee in the manner laid down by the Government Regulation, in such a way that one of the members is, where possible, well-versed.
(5) The provisions of Title VII of the Law of 5 July 1912, No 131 of the Code of Military Criminal Procedure and of Article XXXIII / 1912 of the Code of Criminal Procedure apply mutatis mutandis to the exclusion and rejection of the President and members of the Disciplinary Committees as well as to the Disciplinary Prosecutor (Section 16).
7. Paragraph 15 (1) (a), (c) and (d) and Paragraph 15 (2) and (3) read as follows:
(a) by order of the Minister of National Defence against generals, as well as against military gayists of lower rank, who are assigned to the service of the Ministry of National Defence or to departments not subject to any other headquarters with which a disciplinary committee is set up, or who are seconded abroad;
(c) under the authority of the competent commander at whose headquarters a disciplinary committee for senior officers is set up, against senior officers, except in the cases referred to in (a) and (b), and against military gayists of lower rank who are either assigned by the service to its headquarters or the services which are subject to its headquarters and are not subject to any other headquarters with which a disciplinary committee for lower officers and roters is set up;
(d) at the order of the competent commander, whose headquarters has established a disciplinary committee for lower officers and rotmasters, against other military guards.
(2) The competent representative referred to in the previous paragraph shall be the master to whom the military gascists concerned in active duty are subject or in whose area the military gascists have, or last had, their permanent residence outside the active service. If, in accordance with the provisions of Paragraph 14, paragraph 4, a disciplinary committee has been designated, which is not within the purview of the superior, its rights shall be transferred to the commander whose headquarters has established a disciplinary committee, which has been designated for consideration. The order of the incompetent representative shall not render proceedings before the disciplinary committee invalid if the competent representative subsequently has given his consent.
(3) In the same case, if a number of military gentiles are accused of the same case and if different performances are involved for the purpose of ordering the introduction of disciplinary action under the previous provisions, disciplinary action shall be instituted or the procedure already in place shall be extended at the order of the commander whose headquarters has established a disciplinary committee for senior officers, following the order of the Minister of Defence. If it is suspected that the accused military gasista has committed another misstep (§ 14 (6)) in disciplinary proceedings, the superior shall be responsible, at whose order the proceedings have already been brought before the disciplinary committee.
8.
(1) The Prosecutor-in-Office shall be appointed by the Commander at whose headquarters a disciplinary committee is set up. The applicant shall carry out an investigation, file an action, represent it before the panel and make appropriate proposals to achieve the purpose of the proceedings referred to in Article 12 (1).
(9) Paragraph 16 (3) shall be deleted and paragraph 4 shall be renumbered to paragraph 3.
10.
An investigation.
(1) It is the duty of the plaintiff in the course of the investigation to establish ex officio all circumstances and to use all means of accompanying the case which are relevant for a complete clarification of the case, as well as to give the defendant the opportunity to make his views known on the various points of the charge and to make his suggestions to supplement the proceedings; If the defendant refuses to cooperate, this shall not prevent further proceedings. Witnesses and experts are being questioned by the plaintiff without oath.
(2) The plaintiff may request synergies between all military headquarters (offices). In addition, the authorities of the District National Committees and national security authorities may request cooperation. This shall be done in particular if witnesses or experts who are not military persons in active employment live outside the perimeter of the district national committee in which the seat of the disciplinary committee is situated, or if they do not comply with the summons of the plaintiff or refuse to testify for legal reasons. In doing so, the requested authorities shall follow the rules which apply to them for subpoena and questioning.
(3) If, in order to establish the truth, the necessary sworn questioning of witnesses or experts is necessary, the applicant shall request the competent court-martial of the first degree or district court for such questioning.
(4) The provisions of the Code of Criminal Procedure apply mutatis mutandis to witnesses and experts.
(5) If, following the end of the investigation, the plaintiff is of the opinion that the defendant has not committed a misconduct or that some misconduct which he has been accused of did not harm or jeopardise the good name of the army, he shall submit a motion to the superior (§ 15) to stop the proceedings, either partially or in full. Otherwise, it shall send to the disciplinary committee the files with an action in which it shall propose whether and which witnesses and experts are to be summoned for final consideration and what other measures are to be taken. However, if, according to the results of the investigation, the accused is still suspected of inconsistencies other than those for which the disciplinary proceedings have been brought, the plaintiff shall bring an action for such inconsistencies, if the competent representative, on his proposal, has extended the order to prosecute those inconsistencies.
11.
(4) If the accused is found to be suffering from a mental illness, the plaintiff shall, if necessary, provide accompanying means and submit a proposal to the relevant superior that the proceedings be suspended until the defendant has recovered. If the defendant is found to have suffered from a mental illness at the time of the offence, for which he cannot be attributed, he shall propose to the competent superior that the proceedings be terminated.
12.
(2) For this purpose, the President of the defendant shall bring a copy of the disciplinary action before him. In addition, it shall report on the provisions of the final hearing of the applicant and the lawyer, following the case of the legal representative of the minor accused, and shall call upon the witnesses and experts to whom the summons are sought by the applicant or the defendant and whose personal questioning he considers necessary.
13.
(6) The minutes of the final hearing shall be drawn up by the Registrar designated by the President. The minutes shall contain the names of the persons present and the description of the conduct of the proceedings on all essential points. Special minutes shall be drawn up on the deliberations and voting.
14. in Paragraph 22 (1), point (a) is deleted and point (b) is deleted, and point (c) is renumbered as points (a) and (b).
Paragraph 22 (2) and (3), first sentence of paragraph 4 and paragraph 6 shall read as follows:
(2) The Board of Appeal shall make a final resolution after the conclusion of the discussion in a private meeting. The President shall immediately deliver a final resolution. If the final order states that the defendant is acquitted, the President shall notify the defendant that the order will become final if it is confirmed by the military representative referred to in paragraph 4; if the final order indicates that the defendant is guilty, the President shall inform the appellant of his right to appeal and declare that the final order will become final if, within the period laid down in paragraph 24, no appeal is made and the final order is confirmed by the military representative pursuant to paragraph 4.
(3) Where an appeal has been notified within the prescribed time limit, the appellant shall be given a final order, together with the grounds for the decision. If the defendant is a minor, the final resolution shall always be delivered to his legal representative.
(4) The final order that the defendant is acquitted shall be submitted within eight days for confirmation to the superior who ordered the proceedings before the disciplinary committee or who ordered its extension.
(6) If the final resolution of the disciplinary committee was not that the defendant was acquitted or guilty, it was confirmed in accordance with paragraph 4 or if the defendant had notified the appeal within the prescribed time limit against the final resolution by which he was recognised as guilty, the files shall be submitted to the appeal committee at the Ministry of National Defence.
15.
(1) If the final order states that the defendant is guilty, the defendant (the lawyer) may, within three days of the date of the final order, declare an appeal for the verdict on guilt and punishment, and for the statement that the proceedings before the disciplinary committee are not to be counted for the increase of the service; the same right falls on the legal representative of the minor accused, even against his will. The appellant shall have the right to execute the notice of appeal within eight days of the date on which the final order was served under Paragraph 22 (3). The authorised person may waive or withdraw the right to declare an appeal; the revocation or withdrawal of an appeal cannot be withdrawn.
(2) If an appeal has been notified in due time, it has suspensory effect.
(3) The Pricing Committee of the I. stools shall reject the appeal as inadmissible if it has been declared late or by a person who is not authorised or who is entitled to appeal; the appellant shall have a complaint against that order before the appeal committee within eight days of its receipt.
16. in Article 25 (5), point (b) and (c) shall be amended to "(a) and (b)";
Article 25 (2) and (6) reads as follows:
(2) If the appeal, declared late or by a person who has not been authorised, or after the final waiver of the right of appeal, has not been refused pursuant to Paragraph 24 (3) of the I stools, or if the appeal has not been notified, after a complaint pursuant to § 24 (3) has been carried out within the prescribed time limit, or if there are only manifestly irrelevant procedural defects, the appeal committee shall, without final consideration, reject the appeal immediately in a non-public consultation, after a complaint, and agree to the resolution of the I stools. It shall also be decided whether and which proceedings since the final resolution of the I stool disciplinary committee shall not be counted for the increase of the service. This resolution shall be subject to the approval of the Minister for National Defence.
(6) The appeal committee shall, in all cases where the defendant is found guilty either by his new final resolution or by the resolution of the I stool disciplinary committee with which it gives its assent, at the same time decide whether and which time of proceedings since the final resolution of the I stool disciplinary committee shall not be taken into account for the increase of the service.
17.
(a) in paragraph 1, the word "to be filed" is replaced by the word "to be declared";
(b) in paragraph 2, the words "within 14 days" shall be replaced by the words "within three days" and the last sentence of this paragraph shall be replaced by:
"The application must be accompanied by a notice of appeal ';
(c) in paragraph 3, the words "within 14 days" shall be replaced by the words "within eight days."
18. Paragraph 29 (1), first sentence:
(1) If, pursuant to Paragraph 22 (4) of the Final Resolution imposing a written warning, other than the Minister for Defence, has been confirmed, the Minister for Defence may revoke this decision if, when examining the files, it is established that the proceedings carried out have significant defects.
19. In all areas of the law where the words "area of headquarters' are used, these words shall be replaced by" area of competence '.
The Minister of National Defence is hereby authorised to amend and publish in the Collection of Laws and Regulations the full text of Act No. 154 / 1923 Coll., as is apparent from the amendments made by Act No. 55 / 1927 Coll., Act No. 64 / 1935 Coll. and by this Act.
This Law shall take effect one month after its publication, with the exception of Articles 1 to 3 and 5, which shall take effect on the day of its publication; to be carried out by the Minister for National Defence.
Dr Beneš v. r.
Gottwald v. r.
Maj-Gen Svoboda v. r.
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Regulation Information
| Citation | Act No. 52 / 1947 Coll., amending certain provisions of the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, as well as on the withdrawal of military rank and transfer to service by administrative management, as amended by the Act of 8 April 1927, No 55 Coll., and the Act of 4 April 1935, No 64 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.1947 |
|---|---|
| Effective from | 14.05.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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